What's a generics maker to do with a blockbuster drug in hand, but patent litigation and its possible fallout in the bush? Ask Teva, which is mulling whether to launch its version of the Wyeth heartburn drug Protonix, a $2.5 billion remedy with patents that expire in 2010.
Last week, a federal judge refused Wyeth's request for an injunction against the launch, and Teva could start selling. But if Wyeth wins the patent case, then Teva would have to fork over three times its sales. It could wait till 2010--but considering the company's aggressive stance, that seems unlikely.
Most likely, say some legal experts, is a compromise with Wyeth--perhaps a payoff to keep the generic off the market for now. No word from either company on whether rapprochement has been suggested.
- read the report from Globes